Case Summary

The Commission challenged the conduct of West Penn Multi-List, operator of the only MLS service for the Pittsburgh metropolitan area, saying that the restrictions on access to its MLS services were anticompetitive. The MLS provider limited brokers which could utilize its services by mandating that each broker have a traditional full-time listing agreement with their seller, thus constraining the ability of brokers with non-traditional listing agreements to compete, as use of the service is necessary for a broker to provide effective residential real estate brokerage services to buyers and sellers in the area. To remedy the antitrust concerns, the Commission issued a consent order which prohibits West Penn from adopting or enforcing rules that (1) require brokers to comply with the MLS form contract and submit copies of their listing contracts to the MLS, and that (2) discourage brokers and home sellers from contracting for services for terms of less than a year.